TorontoHiking Release & Indemnity
Why is a Release and Indemnity Needed?
Participation in events and activities involves risks or hazards of personal injury or illness or death or damage to property or other loss. The risks, their nature and their degree depend on many factors, including the type of event or activity, your physical, medical and any other personal conditions, your conduct, and the conduct of other persons.
TorontoHiking.com requires that releases and indemnities of TorontoHiking be given in connection with particular events or activities.
TorontoHiking activities depend on the service of non-professional volunteers. Because of increased concern about liability claims being made against TorontoHiking or volunteers, volunteers withdrawing their service because of the risk of such claims, and loss of events and activities offered to members, TorontoHiking requires that members agree to the following release and indemnity as a condition of new membership or renewal of membership. Participants may be required to agree to a further release and indemnity as a condition of participating in any particular event or activity.
For your information, release means to give up, and indemnity or indemnify means to repay or reimburse for an expense or other monetary loss or claim.
Please read the Release and Indemnity carefully. Be sure you understand it before signing the release form for an activity.
The Legal Stuff
“TorontoHiking” means the TorontoHiking.com website (Toronto.)
“Loss” includes personal injury, illness, death, property damage or other loss of any and whatsoever nature or kind and howsoever caused, whether arising by reason of negligence of TorontoHiking or Volunteers or anyone else, or otherwise.
“Event or Activity” means any activity either organized or arranged by TorontoHiking or Volunteers or otherwise arranged by a third party and includes participation by members, guests or Volunteers of TorontoHiking.
“Volunteers” includes TorontoHiking personnel and any person(s) volunteering in the organization or running of TorontoHiking, and with respect to the Activity, any person(s) volunteering in the organization or running of the Activity, and their respective heirs, executors, administrators, and legal personal representatives.
I, for myself, for my heirs, and for my executors, administrators, legal personal representatives and anyone else who may claim on my behalf, agree:
I accept all responsibility and liability for any and all risks and hazards of Loss and for all Loss that I may suffer in any way connected with the Activity.
TorontoHiking, and Volunteers are not responsible or liable for any Loss I may suffer in any way connected with the Activity.
I will not sue or otherwise make a claim against TorontoHiking, or Volunteers for any Loss I may suffer in any way connected with the Activity, and I give up my right to make any such claim.
I will indemnify TorontoHiking, and Volunteers for any claims, including any dependants’ claim for damages under the Family Law Act, that may be made against them arising out of any Loss I may suffer in any way connected with the Activity and for any legal fees or other costs incurred in defence of any such claim.
I will indemnify TorontoHiking, and Volunteers for any claims that may be made against them for any Loss I may cause and for any legal fees or other costs incurred in defence of any such claim.
Please acknowledge your acceptance of these terms and conditions by signing the TorontoHiking Release and Identify form attached to the above condtions. Each participant in an activity must sign the Release and Indemnity form before the event begins.